Adverse Possession Trial

[1951]

What is the name of your state?
Washington State
My neighbors were awarded my property claiming adverse possession. My neighbor never used the property from the time I purchased it until after they filed the lawsuit. I had owned it four years when they filed the suit. They didn't own it the ten years required nor did their former owner agree with the claim. However, the judge let me know at the end of our first day of a 10 day trial that he felt sorry for the neighbor and his wife. I was upset for a while, but then I thought well at least the three and half years of this lawsuit are finally over. However, now I am violating two of the developments covenants. Am I able to file a claim against the Title Insurance Company, or the real estate, or my former owner? Thank you

 

[BelizeBreeze]

Something isn't sounding right here. And no one is going to offer an opinion based on what you have posted. Especially after a trial AND without all relevant facts and documents.

 

[1951]

Washington State
I will try to be more specific. My Title Insurance representative told me three years ago that they only insure what is recorded. I am asking if after the neighbor records the property they were awarded into their deed, do I have any recourse with the title insurance? In the covenants it states that nothing can be built on the drainage easement that would change the flow of water causing damage to the property. The neighbor's driveway encroaches on my property and overlaps on my driveway. Part of their driveway is built on this drainage easement between the two properties. The water doesn't drain down into the street which has caused my driveway to collapse. If I had my driveway replaced, it will collapse once again. The other problem is the covenants states my property is supposed to have 40 feet of frontage. I now have 30 feet. Also, my access was insured by title insurance.

 

[Florid-aise]

Something isn't sounding right here. And no one is going to offer an opinion based on what you have posted. Especially after a trial AND without all relevant facts and documents.

I absolutely agree with BelizeBreeze on this one. Two reasons. Something here just does not sound right. And after a three year court battle, you find out the judge was just sympathetic to your neighbor? IF this is the case. This is the basis for appeal on "an abuse of discretion" by the trial court judge.

Tell us everything.-

 

[1951]

I agree with you. I have contacted a very good attorney for an appeal. I just can't afford it. My neighbor works for the city, and his wife is a para legal. The city created maps showing my fence was off the property line, but these maps didn't show up until two years after the lawsuit. The city attorney's mother works for the Real Estate that sold the neighbor their property which had a driveway encroachment. I think that pretty much tells the story of what happened. I am going to continue to look for an attorney that I can afford to file an appeal. The trial ended Dec. 8th and they finally sent me a letter that they will enter the order on Feb. 9. This letter came after I wrote several regarding the delay of the entry. Their lawyer filed a notice for a hearing and stated that they could not agree on the facts and conclusions of law regarding this case.

 

[1951]

I didn't mention that the 1996 aerial photo from USGS showed a fence didn't exist between the properties. This was the year before I purchased the property. The old fence that existed for years prior to that year was built on the property line according to a former owner that built it. That owner testified to this at trial. An orthophoto from 1998 showed the new fence that was in dispute was on the property line. I left town on a vacation when these people put the house up for sale and on my return found my fence had been moved four feet off the property line. That's what started the mess. The fence didn't even come down the entire length of the property line. It was gravel for about 50 feet from the fence to the street. I do want to appeal. I keep thinking if this could be heard away from here, I could have this decision overturned.

 

[Florid-aise]

I didn't mention that the 1996 aerial photo from USGS showed a fence didn't exist between the properties. This was the year before I purchased the property. The old fence that existed for years prior to that year was built on the property line according to a former owner that built it. That owner testified to this at trial. An orthophoto from 1998 showed the new fence that was in dispute was on the property line. I left town on a vacation when these people put the house up for sale and on my return found my fence had been moved four feet off the property line. That's what started the mess. The fence didn't even come down the entire length of the property line. It was gravel for about 50 feet from the fence to the street. I do want to appeal. I keep thinking if this could be heard away from here, I could have this decision overturned.

You are one lucky individual.

The required Notice of Appeal, must be filed within the appeal filing deadline, following the entry of the ORDER being appealed. Because you have foreknowledge this ORDER will not even be entered until Feb 9, means that the Notice need not be filed until March. The briefing schedule will give you an additional 30 days or so (unless you ask for an extension) to file your argument.

Believe me. Count your blessings here.

This valuable time permits you to find that affordable attorney.

 

[1951]

After reading what you said about being one lucky individual, I think I probably shouldn't have written about the delay in entering the order. Could I have just let this hang out there until whenever??? I mean it would have been better for me if I hadn't questioned why they hadn't filed it. I haven't seen the proposal of the facts and conclusions,yet. I think I understand this correctly. When the parties do not agree, then they had to file this motion for a hearing. Then the judge enters whatever they are proposing? Is that correct? Thanks for your response. That has to be the first time I heard I was lucky in the last four years. It felt good.

 

[1951]

By the way, what I meant by "maybe I should have just left this hang out there longer" was this. If I had let the delay in filing the Order go on and on and not written to the attorney, then I would have had more time to find an attorney. I was afraid that if the decision wasn't entered soon, then these neighbors were going to close the sale on their property in the meantime. They have a renter in there that they said wanted to buy the house. Maybe they can't sale it until the order is entered. However, I was worried that it would be even more complicated to appeal with a new owner.

 

[Florid-aise]

I wonder myself personally, how the other property owner can convey clear title while a boundary dispute is still in the court system yet not completely undecided? I also wonder out loud to myself, how title insurance can be obtained by the potential buyer?

You see where any of this is going?

 

[1951]

Yes, I think I see where it is going. If I file the appeal, the neighbors will not be able to sale their property until it is settled. The appeal court clerk said they are just now finishing up with the 2002 appeals. She said it can take almost three years for this to be decided. So, when an appeal is filed can parties still negotiate to settle if they don't want a case appealed? I hope that wasn't a stupid question.

 

[Florid-aise]

Yes, I think I see where it is going. If I file the appeal, the neighbors will not be able to sale their property until it is settled. The appeal court clerk said they are just now finishing up with the 2002 appeals. She said it can take almost three years for this to be decided. So, when an appeal is filed can parties still negotiate to settle if they don't want a case appealed? I hope that wasn't a stupid question.

Once again, you are indeed fortunate. It appears that time is on your side. Who do you think is more concerned with getting this all ironed-out, you, or the opposing side having to face a three year appeal process before clear title can be conveyed?

When you ask if this can be negotiated, I only think two things.

1. Everything is negotiable. That is the way of the world.

2. When entering into such negotiations - indicate that you have nothing but time, in that world.

Was your question a stupid question? Oh no. It was the only question needed - to be deeded.